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[Federal Register: July 26, 2010 (Volume 75, Number 142)]
[Proposed Rules]               
[Page 43747-43789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy10-21]                         

[[Page 43747]]

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Part IV

Architectural and Transportation Barriers Compliance Board

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36 CFR Parts 1192

Americans With Disabilities Act (ADA) Accessibility Guidelines for 
Transportation Vehicles; Proposed Rule

[[Page 43748]]

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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1192

[Docket No. ATBCB 2010-0004]
RIN 3014-AA38

 
Americans With Disabilities Act (ADA) Accessibility Guidelines 
for Transportation Vehicles

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) is proposing to revise and update its accessibility 
guidelines for buses, over-the-road buses, and vans. The guidelines 
ensure that transportation vehicles are readily accessible to and 
usable by individuals with disabilities. The guidelines apply to the 
acquisition of new, used, and remanufactured transportation vehicles, 
and the remanufacture of existing transportation vehicles to the extent 
required by regulations issued by the Department of Transportation 
pursuant to the Americans with Disabilities Act. The guidelines for 
transportation vehicles operated in fixed guideway systems (e.g., rapid 
rail, light rail, commuter rail, and intercity rail) will be revised 
and updated at a future date.

DATES: Comments must be received by November 23, 2010.

ADDRESSES: You may submit comments, identified by docket number ATBCB 
2010-0004 or RIN number 3014-AA38, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: pecht@access-board.gov. Include docket number 
ATBCB 2010-0004 or RIN number 3014-AA38 in the subject line of the 
message.
     Fax: 202-272-0081.
     Mail or Hand Delivery/Courier: Office of Technical and 
Informational Services, Access Board, 1331 F Street, NW., suite 1000, 
Washington, DC 20004-1111.
    All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Jim Pecht, Architectural and 
Transportation Barriers Compliance Board, 1331 F Street, NW., suite 
1000, Washington, DC 20004-1111. Telephone (202) 272-0021. E-mail 
pecht@access-board.gov.

SUPPLEMENTARY INFORMATION: 

Background

Americans With Disabilities Act

    The Americans with Disabilities Act (ADA) prohibits discrimination 
on the basis of disability in the provision of transportation services 
by public and private entities. 42 U.S.C. 12101 et seq. The ADA sets 
out different responsibilities for the Architectural and Transportation 
Barriers Compliance Board (Access Board) and the Department of 
Transportation with respect to implementing the statute.
    The ADA requires the Access Board to issue guidelines for 
transportation vehicles that are readily accessible to and usable by 
individuals with disabilities. 42 U.S.C. 12204. These guidelines, by 
themselves, are not legally enforceable and do not require existing 
transportation vehicles to be retrofitted.\1\
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    \1\ The Americans with Disabilities Act requires barriers in 
existing transportation vehicles used by public accommodations for 
transporting individuals and by private entities to provide 
specified public transportation to be removed where readily 
achievable. 42 U.S.C.12182(b)(2)(A)(iv) and 12184(b)(2)(C). The 
Department of Justice and the Department of Transportation are 
responsible for issuing regulations implementing this requirement. 
28 CFR 36.310 and 49 CFR 37.5(f).
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    The ADA requires the Department of Transportation to issue 
regulations that specify:
     Which public and private entities must comply with the 
transportation provisions of the ADA;
     When transportation vehicles acquired or remanufactured 
(i.e., structurally restored and new or rebuilt major components 
installed to extend the vehicle's service life) by the public or 
private entities must be accessible; and
     What accessibility standards the transportation vehicles 
must meet. 42 U.S.C. 12149, 12164, and 12186(a).
    The ADA requires the accessibility standards for transportation 
vehicles included in the Department of Transportation's regulations to 
be consistent with the guidelines issued by the Access Board. 42 U.S.C. 
12149, 12163, 12186(c). The Department of Transportation's regulations 
are legally enforceable.

Prior Rulemaking

    The Access Board issued accessibility guidelines for transportation 
vehicles in 1991 and amended the guidelines in 1998 to include 
additional requirements for over-the-road buses (i.e., buses 
characterized by an elevated passenger deck located over a baggage 
compartment). 56 FR 45530, September 6, 1991; 63 FR 51694, September 
28, 1998. The Access Board's transportation vehicle guidelines are 
codified at 36 CFR part 1192.
    The Department of Transportation issued regulations to implement 
the transportation provisions of the ADA in 1991. 56 FR 45621 and 
45756, September 6, 1991. The Department of Transportation's 
regulations are codified at 49 CFR parts 37 and 38. The Department of 
Transportation's regulations at 49 CFR part 37 specify in:
     Subpart B (Sec. Sec.  37.21 to 37.37) which public and 
private entities must comply with the transportation provisions of the 
ADA;
     Subpart D (Sec. Sec.  37.71 to 37.93) when transportation 
vehicles acquired or remanufactured by public entities must be 
accessible;
     Subpart E (Sec. Sec.  37.101 to 37.109) when 
transportation vehicles acquired or remanufactured by private entities 
must be accessible; and
     Subpart H (Sec. Sec.  37.181 to 37.197) when over-the-road 
buses acquired or remanufactured by private entities must be 
accessible.
    The Department of Transportation's regulations at 49 CFR part 38 
set out the accessibility standards that the transportation vehicles 
must meet. The accessibility standards in 49 CFR part 38 are consistent 
the Access Board's transportation vehicle guidelines in 36 CFR part 
1192.

Proposed Rule

    The Access Board is issuing this proposed rule to revise and update 
its accessibility guidelines for buses, over-the-road buses, and vans 
(hereinafter referred to as the ``1991 guidelines''). The guidelines 
for transportation vehicles operated in fixed guideway systems (e.g., 
rapid rail, light rail, commuter rail, and intercity rail) will be 
revised and updated at a future date.
    The proposed rule addresses the following issues, which are further 
discussed later in the preamble:
     When the 1991 guidelines were issued, low floor ramped 
buses were relatively new and ramp slopes were based on what was 
feasible at the time. The 1991 guidelines permitted 1:4 maximum ramp 
slopes at bus stops without sidewalks. There are documented incidents 
of wheelchairs and their occupants tipping over backwards going up bus 
ramps with 1:4 slopes. Since the 1991 guidelines were issued, buses 
have been designed with lower floors and longer ramps that have less 
steep ramps. The proposed rule specifies 1:6 maximum slopes for ramps 
deployed to bus stops with sidewalks and to bus stops without sidewalks 
(referred to as the ``roadway'' in the proposed rule).

[[Page 43749]]

     The 1991 guidelines require buses, over-the-road buses, 
and vans to provide ``sufficient clearances'' for passengers who use 
wheelchairs to reach the wheelchair spaces in the vehicles. Individuals 
with disabilities, transit operators, and vehicle manufacturers have 
requested guidance on what are ``sufficient clearances.'' The proposed 
rule specifies minimum dimensions for circulation paths connecting 
doorways that provide accessible boarding and wheelchair spaces, and 
for wheelchairs to maneuver into and out of wheelchair spaces.
     Additional research has been conducted on wheelchair 
transportation safety since the 1991 guidelines were issued. The 
proposed rule reduces the design force for wheelchair securement 
systems on large vehicles with a gross vehicle weight rating of 30,000 
pounds or more, and adds a requirement for a forward excursion barrier 
at rear facing wheelchair securement systems based on the research. The 
proposed rule also requests comments on other recommendations submitted 
by researchers and safety experts regarding wheelchair securement 
systems.
     Public transit agencies are increasingly deploying 
intelligent transportation system technologies on buses. These 
technologies enable automated stop and route announcements on buses. 
The proposed rule requires public transit agencies that operate 100 or 
more buses in annual maximum service in fixed route systems to provide 
automated stop and route announcements on newly acquired buses that are 
more than 22 feet in length and operate in fixed route systems.
     Bus rapid transit is a new type of service that did not 
exist when the 1991 guidelines were issued. Some bus rapid transit 
systems are designed with raised platforms to provide level boarding, 
and the vehicles which operate in these systems can have passenger 
doors on both sides of the vehicle. The proposed rule addresses how the 
requirements for accessible boarding, circulation paths, and doorways 
apply to vehicles which operate in bus rapid transit systems that 
provide level boarding.
    The proposed rule also removes some requirements in the 1991 
guidelines that are unnecessary, modifies other requirements, and adds 
a few new requirements. A side-by-side comparison of the proposed rule 
and the 1991 guidelines is available on the Access Board's Web site at 
http://www.access-board.gov/transit/. The side-by-side comparison shows 
what requirements are removed, modified, or new.

New Format and Organization

    The 1991 guidelines for buses and vans are contained in subpart B 
of 36 CFR part 1192 (Sec. Sec.  1192.21 to 1192.39) and for over-the-
road buses are contained in subpart G of 36 CFR part 1192 (Sec. Sec.  
1192.151 to 1192.161).
    The proposed rule uses a new format and organization that is based 
on the accessibility guidelines for buildings and facilities in 36 CFR 
part 1191. The new format sets forth the guidelines for buses, over-
the-road buses, and vans in an appendix to 36 CFR part 1192. The 
appendix is organized into eight chapters:
     Chapter T1 contains general information, including 
definitions.
     Chapter T2 contains scoping requirements that specify what 
vehicle features are required to be accessible.
     Chapters T3 through T8 contain technical requirements that 
specify how to design the vehicle features so they are accessible.
    When the guidelines for transportation vehicles operated in fixed 
guideway systems are revised and updated in the future, the scoping and 
technical requirements for those vehicles will be added to Chapters T2 
through T8.
    Each chapter is arranged logically, and contains numbered sections 
and sub-sections that address a single subject indicated by the heading 
or title of the section and subsection. Figures are provided after some 
sections or subsections to illustrate the requirement in the section or 
subsection. Non-mandatory advisory information is inserted in boxes 
after some sections or subsections and is clearly identified.
    Most of the revisions in the proposed rule are editorial only, and 
restate current requirements in the 1991 guidelines in plain language 
that is clear and easy to understand. The side-by-side comparison of 
the proposed rule and the 1991 guidelines on the Access Board's Web 
site at http://www.access-board.gov/transit shows what revisions are 
editorial only.

Proposed Changes That Received Substantial Comment

    The Access Board made available drafts of the proposed rule for 
public review and comment in April 2007 and November 2008. The drafts 
and comments on the drafts are available on the Access Board's Web site 
at: http://www.access-board.gov/transit/. Proposed changes that 
received substantial comment are discussed below. Sections of the 
proposed rule are referred to by number (e.g., T201).

Ramp Slope

Current Requirements

    When the 1991 guidelines were issued, low floor ramped buses were 
relatively new. The Access Board did not want to preclude the use of 
low floor ramped buses because of their efficiency and speed of 
boarding compared to high floor buses equipped with lifts. 
Consequently, the ramp slopes in the 1991 guidelines were based on what 
was feasible at the time. The 1991 guidelines specify a range of 
maximum slopes for ramps deployed to bus stops with sidewalks and to 
bus stops without sidewalks.\2\ The maximum ramp slopes in the 1991 
guidelines are shown in the table below and are expressed as the ratio 
of the rise (distance from bus stop surface to bus floor surface) to 
the run (usable length of the ramp).
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    \2\ 36 CFR 1192.23(c)(5) and 1192.159(c)(5).

                             1991 Guidelines
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------------------------------------------------------------------------
  Height of vehicle floor above 6 inch curb*         Maximum ramp slope
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                        Bus Stops with Sidewalks
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3 inches or less..............................                      1:4
6 inches or less but more than 3 inches.......                      1:6
9 inches or less but more than 6 inches.......                      1:8
more than 9 inches............................                     1:12
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[[Page 43750]]

                       Bus Stops without Sidewalks
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     Height of vehicle floor above roadway         Maximum ramp slope
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Any distance..................................                     1:4
------------------------------------------------------------------------
*The 1991 guidelines assume a 6 inch curb at sidewalks.

    The following example illustrates the application of the 1991 
guidelines. A low floor bus with a 15-inch-high floor that can be 
lowered by the suspension system (``kneeled'') to 12 inches at bus 
stops would have to provide a ramp that is at least 48 inches long to 
meet the maximum slope requirements at both bus stops with sidewalks 
and bus stops without sidewalks. At bus stops with sidewalks, the ramp 
slope would be 1:8. At bus stops without sidewalks, the ramp slope 
would be 1:4, or twice as steep as at bus stops with sidewalks.

Proposed Rule

    Since the 1991 guidelines were issued, buses have been designed 
with lower floors and longer ramps that have less steep ramps.\3\ 
Research shows that short ramps with slopes steeper than 1:8 are 
difficult for individuals with disabilities to use.\4\ There are 
documented incidents of wheelchairs and their occupants tipping over 
backwards going up bus ramps with 1:4 slopes. A study of adverse 
incident reports from one public transit agency shows that a large 
percent of the incidents involving passengers who use wheelchairs occur 
while using bus ramps.\5\
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    \3\ The Transbus prototype for the low floor ramped bus had a 
17-inch-high floor that kneeled to approximately 13 inches and a 48-
inch-long ramp. Low floor ramped buses available today have floors 
that are 14 to 15 inches high and can kneel to as low as 10 inches, 
and ramps that are as long as 60 inches.
    \4\ Templer, J., ``Provisions for Elderly and Handicapped 
Pedestrians, Vol. 3: The Development and Evaluation of 
Countermeasures,'' Report No. FHWA-RD-79-3 Prepared for the Federal 
Highway Administration, Department of Transportation (May 1980), pp. 
2-34.
    \5\ The transit agency reported 155 adverse incidents involving 
passengers who use wheelchairs during a six-year period from 2000 to 
2005. In 49 of the incidents (42.6 percent), the passengers were 
going up or down bus ramps. In 29 of the incidents (25.7 percent), 
the wheelchairs tipped over on the bus ramps and/or the passenger 
fell. Frost K. & Bertocci, G., ``Retrospective review of adverse 
incidents involving passengers seated in wheeled mobility devices 
while traveling in large accessible transit vehicles,'' 32 Medical 
Engineering & Physics 230-236 (2010).
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    T303.8.1 simplifies the requirements for ramp slope by specifying a 
1:6 maximum slope for ramps deployed to bus stops with sidewalks and to 
bus stops without sidewalks (referred to as the ``roadway'' in the 
proposed rule).
    The following example illustrates the application of T303.8.1. A 
low floor bus with a 14-inch-high floor that can be lowered by the 
suspension system (``kneeled'') to 10 inches at bus stops would have to 
provide a ramp that is at least 60 inches long to meet the 1:6 maximum 
slope to the roadway. At bus stops with sidewalks, the ramp slope would 
be 1:15 (assuming a 6-inch curb).
    Bus and ramp manufacturers who commented on the drafts of the 
proposed rule provided varied information on this proposed change. Some 
bus and ramp manufacturers stated that the proposed 1:6 maximum slope 
to the roadway is feasible. Other bus manufacturers stated that the 
proposed 1:6 maximum slope to the roadway would involve significant 
structural changes to buses, or may not be feasible for certain model 
buses.
    Question 1: Bus and ramp manufacturers are requested to provide 
additional information on the feasibility of the proposed 1:6 maximum 
slope to the roadway. If significant structural changes to buses are 
involved, provide information on the lead time for making the changes; 
the costs associated with the changes; and how much the changes would 
add to the cost per bus. If it is not feasible or would be too costly 
for certain model buses to meet the proposed 1:6 maximum slope to the 
roadway, provide information on the vehicle's design constraints; the 
vehicle's floor height to the roadway at the doorway where the ramp is 
deployed (in the kneeled position where a ``kneeling'' feature is 
provided); and the usable length of the vehicle's ramp when deployed to 
the roadway.
    Question 2: Van and ramp manufacturers and converters are requested 
to provide information on the feasibility of the proposed 1:6 maximum 
slope to the roadway for vans equipped with ramps, and any additional 
costs that would be incurred as a result of the proposed 1:6 maximum 
slope to the roadway.
    Question 3: If it is not feasible or would be too costly for 
certain model buses or vans to provide ramps with 1:6 maximum slopes to 
the roadway, what alternative solutions should the Access Board or the 
Department of Transportation consider? For example, on fixed route 
systems where some or all of the bus stops on a particular route do not 
have sidewalks should only buses or vans that provide ramps with 1:6 
maximum slopes to the roadway or are equipped with lifts be permitted 
to operate on that route? This would prevent incidents of wheelchairs 
and their occupants tipping over on steep ramps. Do different 
considerations apply to demand responsive systems? For example, are 
drivers of buses and vans used in demand responsive systems more likely 
to provide boarding assistance to passengers who use wheelchairs when 
ramps are deployed to the roadway and have slopes steeper than 1:6? 
What solutions do transit operators currently implement when ramps are 
deployed to the roadway and have slopes steeper than 1:6?
    Public transit agencies who commented on the drafts of the proposed 
rule expressed concern that longer ramps (e.g., bi-fold ramps) will be 
more costly to maintain. Public transit agencies also expressed 
operational concerns about deploying longer ramps in urban environments 
with narrow sidewalks and streets.
    Question 4: Ramp manufacturers and public transit agencies that 
provide longer ramps on their buses are requested to provide 
information on whether longer ramps are more costly to maintain. If 
longer ramps are more costly to maintain, provide data on the annual 
costs to maintain a longer ramp (e.g., 60 inches) and a shorter ramp 
(e.g., 48 inches).
    Question 5: Public transit agencies and others are requested to 
provide information on possible solutions to operational concerns about 
deploying longer ramps in urban environments with narrow sidewalks and 
streets. For example, should a public transit agency that operates 
buses in urban environments where all the bus stops have sidewalks be 
permitted to provide a 1:8 maximum slope to the sidewalk (assuming a 6-
inch curb), instead of a 1:6 maximum slope to the roadway? If a public 
transit agency operates buses in urban environments where all the bus 
stops have sidewalks, and in other environments where some or all of 
the bus stops do not have sidewalks, and the public transit agency 
assigns low

[[Page 43751]]

floor ramped buses with shorter ramps to the urban environments only, 
and assigns low floor ramped buses with longer ramps or lift equipped 
buses to the other environments, should the public transit agency be 
permitted to provide a 1:8 maximum slope to the sidewalk (assuming a 6-
inch curb), instead of a 1:6 maximum slope to the roadway on the low 
floor ramped buses that are assigned to the urban environments only?
    Question 6: Public transit agencies are requested to provide the 
following information to assist the Access Board evaluate the impacts 
of the ramp slope requirements in the 1991 guidelines and the proposed 
rule:
     The number and percentage of bus stops in fixed route 
systems that do not have sidewalks;
     The number of individuals who are paratransit eligible 
because they cannot use buses with steep ramps, the average cost per 
paratransit trip, and the average number of paratransit trips per 
passenger per week; and
     The number of adverse incident reports for the past five 
years (2005-2009) involving low floor ramped buses and passengers who 
use wheelchairs or scooters, and how many of the incidents occurred 
while using ramps.

Circulation Paths Connecting Doorways That Provide Accessible Boarding 
and Wheelchair Spaces

Current Requirements

    The Department of Transportation regulations require transit 
operators to transport wheelchairs and scooters that are up to 30 
inches wide and 48 inches long.\6\ The 1991 guidelines require buses, 
over-the-road buses, and vans to provide ``sufficient clearances'' for 
passengers who use wheelchairs to reach the wheelchair spaces in the 
vehicles.\7\ Individuals with disabilities, transit operators, and 
vehicle manufacturers have requested guidance on what are ``sufficient 
clearances.''
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    \6\ 49 CFR 37.3 (definition of ``wheelchair'' and ``common 
wheelchair'') and 37.165(b).
    \7\ 36 CFR 1192.23(a) and 1192.159(a)(1).
    The 1991 guidelines require large buses that are more than 22 
feet and over-the-road buses to provide at least two wheelchair 
spaces; and small buses and vans that are 22 feet or less to provide 
at least one wheelchair space. Id. The wheelchair spaces are 
required to be located as near as practicable to doorways that 
provide accessible boarding, and to be identified by the 
International Symbol of Accessibility. 36 CFR 1192.23(d)(2), 
1192.27(b), and 1192.159(d)(2). The proposed rule does not change 
these requirements.
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Proposed Rule

    T502.2 requires circulation paths connecting doorways that provide 
accessible boarding and wheelchair spaces to be at least 34 inches 
wide. This dimension does not apply to doorways, which are addressed in 
T503. This dimension applies from the vehicle floor to a height 40 
inches minimum above the vehicle floor. The circulation path width can 
be reduced to 30 inches at heights 40 inches minimum above the vehicle 
floor.\8\
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    \8\ The overhead clearances for circulation paths specified in 
T502.2 are the same as in the 1991 guidelines. 36 CFR 1192.29(f) and 
1192.153(d). The requirement in T502.3 that features such as 
stanchions and fare collection devices not interfere with the 
maneuvering of wheelchairs is the same as in the 1991 guidelines. 36 
CFR 1192.23(a) and (e), and 1192.33.
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    Bus manufacturers who commented on the drafts of the proposed rule 
provided varied information on this proposed change. Some bus 
manufacturers stated that 34-inch-wide circulation paths are feasible. 
Other bus manufacturers stated that seats would have to be eliminated 
to provide 34-inch-wide circulation paths.
    Question 7: Bus manufacturers and transit operators are requested 
to provide additional information on the feasibility of the proposed 
clear width for circulation paths connecting doorways that provide 
accessible boarding and wheelchair spaces. If the proposed clear width 
will result in a loss of seats compared to the current requirement for 
``sufficient clearances,'' provide information on the width of the 
circulation path currently provided on the vehicle to reach the 
wheelchair space(s), and the number of seats that would be lost due to 
the proposed clear width. Floor and seating plans showing current 
designs and how the designs would have to be modified to comply with 
the proposed rule would be helpful for the Access Board to further 
evaluate this issue. Information describing how the loss of seats would 
affect the transit operator's system would also be helpful.
    Question 8: Van manufacturers and converters are requested to 
provide information on the feasibility of the proposed clear width for 
circulation paths connecting doorways that provide accessible boarding 
and wheelchair spaces. If the proposed clear width will result in 
modifications to vans compared to the current requirement for 
``sufficient clearances,'' provide information on what modifications 
would be needed and any costs associated with the modifications. 
Information describing how the modifications would affect the transit 
operator's system would also be helpful.
    The proposed rule does not address maneuvering space at turns, 
particularly right angle turns at the front of the bus. Some commenters 
recommended that performance specifications, including test methods, be 
established for passengers who use wheelchairs to reach wheelchair 
spaces in buses, over-the-road buses, and vans. The Rehabilitation 
Engineering Research Center on Accessible Public Transportation is 
developing a computer-aided design tool for the accessible design of 
vehicle interiors that may be useful for this purpose.
    Question 9: Comments are requested on whether performance 
specifications should be established for passengers who use wheelchairs 
to reach wheelchair spaces in buses, over-the-road buses, and vans, and 
approaches for establishing such performance specifications.

Wheelchair Space Maneuvering Clearances

Current Requirements

    As explained above, the Department of Transportation regulations 
require transit operators to transport wheelchairs and scooters that 
are up to 30 inches wide and 48 inches long.\9\ The 1991 guidelines 
require wheelchair spaces in buses, over-the-road buses, and vans to be 
at least 30 inches wide and 48 inches long.\10\
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    \9\ See note 6.
    \10\ 36 CFR 1192.23(d)(2) and 1192.159(d)(2).
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    Wheelchair spaces in buses, over-the-road buses, and vans are 
typically confined on three sides by seats, side walls, or wheel wells. 
Passengers who use wheelchairs and scooters need additional clearances 
to maneuver into and out of confined wheelchair spaces. As explained 
above, the 1991 guidelines require buses, over-the-road buses, and vans 
buses to provide ``sufficient clearances'' for passengers who use 
wheelchairs to reach wheelchair spaces in the vehicles.\11\ Individuals 
with disabilities, transit operators, and vehicle manufacturers have 
requested guidance on what are ``sufficient clearances.''
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    \11\ See note 7.
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Proposed Rule

    The drafts of the proposed rule considered basing wheelchair space 
maneuvering clearances in buses, over-the-road buses, and vans on the 
dimensions for maneuvering clearances in alcoves in the accessibility 
guidelines for buildings and facilities.\12\ Transit operators and 
vehicle manufacturers commented that those dimensions

[[Page 43752]]

would result in the loss of a significant number of seats, and would 
involve significant structural changes to paratransit minivans that 
provide rear entry to wheelchair spaces. The proposed rule does not use 
the dimensions for maneuvering clearances in alcoves in the 
accessibility guidelines for buildings and facilities.
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    \12\ The accessibility guidelines for buildings and facilities 
require 12 inches minimum maneuvering clearance for parallel 
approach into and out of an alcove, and 6 inches minimum maneuvering 
clearance for forward approach into and out of an alcove. 36 CFR 
part 1191, Appendix D, 305.7.
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    The proposed rule uses the following dimensions recommended by 
transit operators for wheelchair space maneuvering clearances in buses, 
over-the-road buses, and vans:
     T402.4.1 requires 1 inch minimum maneuvering clearance on 
the short side of wheelchair spaces entered from the front or rear [the 
total size of the wheelchair space and maneuvering clearance is 31 
inches by 48 inches minimum]; and
     T402.4.2 requires 6 inches minimum maneuvering clearance 
on the long side of wheelchair spaces entered from the side [the total 
size of the wheelchair space and maneuvering clearance is 30 inches by 
54 inches minimum].
    The transit operators who recommended these dimensions stated that 
they will provide ``sufficient clearances'' for most wheelchairs and 
scooters to maneuver into and out of wheelchair spaces in buses, over-
the-road buses, and vans, and will not result in a loss of seats or 
structural changes to paratransit minivans that provide rear entry to 
wheelchair spaces.
    Fold-down seats are permitted to occupy the wheelchair space and 
maneuvering clearance provided the wheelchair space and maneuvering 
clearance are not obstructed when the seats are in the up position. 
Fold-down seats are permitted to occupy the maneuvering clearance when 
the wheelchair space is occupied. Figures are provided in T402.4.1 and 
T402.4.2 to illustrate the wheelchair space and maneuvering clearance, 
and use of fold-up seats.
    Question 10: Individuals with disabilities are requested to comment 
on whether the proposed maneuvering clearances are sufficient for 
wheelchairs and scooters to maneuver into and out of wheelchair spaces 
in buses, over-the-road buses, and vans.
    Question 11: Transit operators and vehicle manufacturers are 
requested to comment on whether the proposed maneuvering clearances and 
use of fold-down seats will result in a loss of seats compared to the 
current requirement for ``sufficient clearances.'' If the proposed 
maneuvering clearances and use of fold-down seats will result in a loss 
of seats, provide information on the size of the clearances currently 
provided on the vehicle to maneuver into and out of the wheelchair 
space(s), and the number of seats that would be lost due to the 
proposed maneuvering clearances. Floor and seating plans showing 
current designs and how the designs would have to be modified to comply 
with the proposed rule would be helpful for the Access Board to further 
evaluate this issue. Information describing how the loss of seats would 
affect the transit operator's system would also be helpful.
    Question 12: Manufacturers and operators of paratransit minivans 
are requested to provide information on the feasibility of providing 
additional maneuvering clearance (beyond 1 inch) for rear entry to a 
wheelchair space without making significant structural changes to the 
vehicles.

Wheelchair Securement Systems

Current Requirements

    The 1991 guidelines require buses, over-the road-buses, and vans to 
provide wheelchair securement systems at each wheelchair space.\13\ The 
1991 guidelines specify that the wheelchair securement systems secure 
the wheelchair so that the occupant faces the front or rear of the 
vehicle.\14\ On large buses that are more than 22 feet in length, at 
least one wheelchair securement system must be front facing.\15\ Side 
facing securement is not permitted.
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    \13\ 36 CFR 1192.23(a) and 1192.159(a)(1). The proposed rule 
does not change this requirement.
    \14\ 36 CFR 1192.23(d)(4) and 1192.159(d)(4). The proposed rule 
does not change this requirement.
    \15\ Id. The proposed rule does not change this requirement.
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Proposed Rule

    The proposed rule includes two changes to the current technical 
requirements for wheelchair securement systems based on research 
conducted on wheelchair transportation safety since the 1991 guidelines 
were issued.
    T403.3.1 reduces the minimum force that wheelchair securement 
systems must be designed to restrain wheelchairs and their occupants in 
the forward longitudinal direction in large vehicles with a gross 
vehicle weight rating of 30,000 pounds or more. The design force is 
reduced from 4,000 pounds to 2,000 pounds based on research showing the 
``g'' loads generated on wheelchairs and their occupants in large 
vehicles under the following conditions: Maximum acceleration (0.2g), 
maximum braking (0.85g), rapid turning (0.5g), and frontal collision 
(3g).\16\ Wheelchair securement systems that are designed to restrain a 
force of 2,000 pounds in the forward longitudinal direction in large 
vehicles would provide an appropriate level of protection based on 
these ``g'' loads.
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    \16\ The research is referenced in comments submitted by the 
Rehabilitation Engineering and Assistive Technology Society of North 
America and Rehabilitation Engineering Research Center on Wheelchair 
Transportation Safety. The comments are available on the Access 
Board's Web site at: http://www.access-board.gov/transit/.
---------------------------------------------------------------------------

    Question 13: Comments are requested on this proposed reduction in 
design force for wheelchair securement systems in large vehicles. How 
will the proposed change affect the costs for wheelchair securement 
systems in large vehicles?
    T403.5 modifies the technical requirements for rear facing 
wheelchair securement systems to include a forward excursion barrier in 
addition to the current requirement for a padded headrest. The forward 
excursion barrier extends from the vehicle floor to a height of 24 
inches minimum for the full width of the wheelchair space.\17\
---------------------------------------------------------------------------

    \17\ The dimensions for the forward excursion barrier are based 
on comments submitted by the Rehabilitation Engineering and 
Assistive Technology Society of North America. The comments are 
available on the Access Board's Web site at: http://www.access-board.gov/transit/.
---------------------------------------------------------------------------

    Question 14: Comments are requested on including a forward 
excursion barrier in the technical requirements for rear facing 
wheelchair securement systems. Are rear facing securement systems 
commonly provided in buses, over-the road-buses, and vans? Where 
provided in new buses, over-the road-buses, and vans, do rear facing 
securement systems currently include forward excursion barriers? Will 
the forward excursion barrier result in any additional costs for new 
buses, over-the road-buses, and vans that provide rear facing 
securement systems?

Recommendations Submitted by Researchers and Safety Experts That Are 
Not Included in the Proposed Rule

    Researchers and safety experts who commented on the drafts of the 
proposed rule submitted four recommendations regarding the technical 
requirements for wheelchair securement systems that are not included in 
the proposed rule. Their recommendations are summarized below.
1. SAE Recommended Practice J2249, Wheelchair Tiedown and Occupant 
Restraint Systems for Use in Motor Vehicles (June 9, 1999)
    Researchers and safety experts recommended that front facing 
wheelchair securement systems comply with SAE Recommended Practice 
J2249, Wheelchair Tiedown and Occupant Restraint Systems for Use in 
Motor

[[Page 43753]]

Vehicles (June 9, 1999).\18\ SAE Recommended Practice J2249 specifies 
design requirements, performance requirements, and test methods for 
wheelchair tiedown and occupant restraint systems for use in motor 
vehicles, and includes requirements for product marking and labeling 
and manufacturer's instructions to installers and users.
---------------------------------------------------------------------------

    \18\ SAE Recommended Practice J2249 is being revised and 
updated, and will be published as the American National Standards 
Institute (ANSI)/Rehabilitation Engineering and Assistive Technology 
Society of North America (RESNA) WC-18 standard.
---------------------------------------------------------------------------

2. Wheelchair Securement Systems in Small Vehicles
    Researchers and safety experts recommended that rear facing 
wheelchair securement systems not be permitted in small vehicles with a 
gross vehicle weight rating of less than 30,000 pounds because current 
wheelchair securement systems have not been designed and tested to 
secure rear facing wheelchairs in small vehicles and to withstand the 
high ``g'' loads generated on wheelchairs and their occupants in a 
small vehicle by a frontal collision. They also recommended that the 
5,000 pounds minimum design force specified in the 1991 guidelines for 
small vehicles be increased for forward facing wheelchair securement 
systems.
3. Movement Under Emergency Driving Conditions
    Researchers and safety experts recommended that performance 
specifications and test methods be established for wheelchair 
securement systems to limit movement of an occupied wheelchair under 
emergency driving conditions, such as maximum braking and rapid 
turning.
4. Rear Facing Compartmentalization
    Researchers and safety experts recommended that ``rear facing 
compartmentalization'' be permitted in large vehicles with a gross 
vehicle weight rating of 30,000 pounds or more, especially bus rapid 
transit vehicles. ``Rear facing compartmentalization'' is used in 
Europe and Canada. As explained by the researchers and safety experts, 
in ``rear facing compartmentalization'' the wheelchair occupant backs 
as close as possible to a rear-facing padded excursion barrier and 
there is a means to prevent the wheelchair from tipping into the aisle. 
``Rear facing compartmentalization'' assumes that the wheelchair has 
brakes which are functioning and that the friction between the 
wheelchair wheels and the floor is high enough to prevent sliding. 
``Rear facing compartmentalization'' does not require the attachment of 
wheelchair securement systems to the wheelchair. Researchers and safety 
experts also recommended that seat belts and shoulder belts should not 
be required where ``rear facing compartmentalization'' is permitted in 
large vehicles.
    Question 15: Comments are requested on whether any of the above 
recommendations should be included in a subsequent rulemaking.

Automated Stop and Route Announcements

Current Requirements

    The 1991 guidelines require buses that are more than 22 feet in 
length and operate in fixed route systems to provide public address 
systems for announcing stops.\19\ The Department of Transportation 
regulations require stops and routes to be announced.\20\ These 
requirements apply to both public transit agencies and private transit 
operators. Failure to announce stops and routes is a frequent source of 
complaints to the Department of Transportation and lawsuits against 
public transit agencies.
---------------------------------------------------------------------------

    \19\ 36 CFR 1192.35(a).
    \20\ 49 CFR 37.167(b) and (c).
---------------------------------------------------------------------------

Proposed Rule

    Public transit agencies are increasingly deploying intelligent 
transportation system technologies that enable automated stop and route 
announcements. Automated announcements provide standardized messages 
and result in increased compliance with current regulatory 
requirements.
    The drafts of the proposed rule considered requiring public transit 
agencies to provide automated stop and route announcements on buses 
that are more than 22 feet in length and operate in fixed route 
systems. The American Public Transportation Association commented that 
the cost of providing automated announcements would be burdensome for 
small public transit agencies, and recommended that only large public 
transit agencies that operate 100 or more buses in peak service be 
required to provide automated announcements.
    T203.13 requires large public transit agencies that operate 100 or 
more buses in annual maximum service in fixed route systems, as 
reported in the National Transit Database, to provide automated stop 
and route announcements on buses that are more than 22 feet in length 
and operate in fixed route systems.
    The Access Board prepared a report to estimate the costs of this 
proposed change. The report is available on the Access Board's Web site 
at: http://www.access-board.gov/transit/. According to the National 
Transit Database, 87 public transit agencies operate 100 or more buses 
in annual maximum service in fixed route systems. More than 90 percent 
of these public transit agencies currently provide automated stop and 
route announcements on buses. The report assumes that the public 
transit agencies will continue to provide automated announcements on 
buses in the future, and will not incur any additional costs as a 
result of the proposed rule.
    Only 7 public transit agencies that operate 100 or more buses in 
annual maximum service in fixed route systems do not currently provide 
automated stop and route announcements on buses. The total estimated 
costs of requiring automated announcements for the 7 public transit 
agencies are presented below. The cost estimates include one-time costs 
to equip new buses and to set-up backend systems for implementing 
automated announcements, and on-going maintenance and operation costs 
for the bus equipment and backend systems. The low cost and high cost 
scenarios account for variables that can affect the costs.

----------------------------------------------------------------------------------------------------------------
                                                                                   Present value   Present value
                                                                       Costs           (3%)*           (7%)*
----------------------------------------------------------------------------------------------------------------
                                                Low Cost Scenario
----------------------------------------------------------------------------------------------------------------
Total Costs Over 12 Year Bus Replacement Cycle..................      $9,548,280      $8,027,897      $6,534,112
Annualized Costs................................................         795,690         668,991         544,509
----------------------------------------------------------------------------------------------------------------

[[Page 43754]]

                                               High Cost Scenario
----------------------------------------------------------------------------------------------------------------
Total Costs Over 12 Year Bus Replacement Cycle..................      19,678,022      16,809,905      13,970,121
Annualized Costs................................................       1,639,835       1,400,825       1,164,767
----------------------------------------------------------------------------------------------------------------
* Present value is based on discount rates in OMB Circular No. A-94.
----------------------------------------------------------------------------------------------------------------

    Question 16: Comments are requested on the report estimating the 
costs of requiring automated stop and route announcements, including 
the data and assumptions in the report.
    Forty (40) of the public transit agencies that operate 100 or more 
buses in annual maximum service in fixed route systems contract with 
private entities to operate some or all of the buses. The Department of 
Transportation regulations require a private entity that acquires 
vehicles to operate in a fixed route system under contract with a 
public transit agency to comply with the accessibility standards 
applicable to the public transit agency.\21\ The report estimating the 
costs of requiring automated stop and route announcements identifies 
the 40 public transit agencies that contract with private entities to 
operate buses in their fixed route systems, and the private entities 
that operate the buses. These private entities would have to comply 
with T203.13 if they acquire buses to operate in fixed route systems 
under contract with the public transit agencies. These private entities 
would not be affected by T203.13 if the public transit agencies provide 
the buses to the private entities to operate, or if the private 
entities deploy buses from their existing fleets to operate in the 
fixed route systems under contract with the public transit agencies. 
Information is not available on whether any of the private entities 
that contract with the public transit agencies acquire buses to operate 
in fixed route systems under contract with the public transit agencies.
---------------------------------------------------------------------------

    \21\ 49 CFR 37.23(b).
---------------------------------------------------------------------------

    Question 17: Private entities that contract with public transit 
agencies operating 100 or more buses in annual maximum service in fixed 
route systems and acquire buses to operate in the fixed route systems 
under contract with the public transit agencies, are requested to 
provide information on the number of buses acquired on an annual basis 
for operation in the fixed route systems under contract with the public 
transit agencies, and whether the buses provide automated stop and 
route announcements.
    For public transit agencies that have invested in intelligent 
transportation system technologies, the incremental cost of providing 
automated stop and route announcements is relatively low compared to 
public transit agencies that do not invest in such technologies. The 
Access Board is considering as an alternative requiring only public 
transit agencies that have invested in intelligent transportation 
system technologies to provide automated announcements. Under this 
alternative, large public transit agencies that have not invested in 
intelligent transportation system technologies would not be required to 
do so in order to provide automated announcements. Small public transit 
agencies that have invested in intelligent transportation system 
technologies would be required to provide automated announcements, and 
many of these public transit agencies currently provide automated 
announcements. The requirement to provide automated announcements would 
apply only to newly acquired buses. Existing buses would not be 
required to provide automated announcements.
    Question 18: Comments are requested on whether only public transit 
agencies that have invested in intelligent transportation system 
technologies should be required to provide automated stop and route 
announcements.
    T704.1 requires automated stop and route announcements to use 
recorded or digitized human speech. T704.2 requires the stop 
announcements to be audible within the vehicle, and T704.3 requires the 
route announcements to be audible at boarding and alighting areas. 
T704.2 also requires signs within the bus to display stops.
    Question 19: Comments are requested on whether there are 
appropriate standards for audio quality that should be referenced in 
T704.1 or recommended in advisory information.
    Question 20: Comments are requested on whether intelligent 
transportation system technologies currently in use have the capability 
to communicate stop and route information to passengers through 
personal communications devices (e.g., text messaging), in addition to 
audible and visible announcements through speakers and signs. If 
intelligent transportation system technologies do not have this 
capability, are there other technologies that can communicate stop and 
route information to passengers through personal communications devices 
(e.g., text messaging)? Comments are requested on the costs and 
benefits of communicating stop and route information to passengers 
through personal communications devices.

Service Issues

    Transit operators who commented the drafts of the proposed rule 
requested guidance on the transportability of certain size wheelchairs 
and mobility devices (e.g., Segways). The Department of Transportation 
is responsible for issuing regulations regarding the provision of 
transportation services to individuals with disabilities under the 
Americans with Disabilities Act. The Department of Transportation 
regulations specify the size of wheelchairs that must be 
transported.\22\ The Department of Transportation has also issued 
guidance on the use of Segways on transportation vehicles.\23\ The 
Department of Transportation will conduct a separate rulemaking to 
amend its regulations so that the accessibility standards included in 
the regulations are consistent with the revisions to Access Board's 
transportation vehicle guidelines. Comments on transportability of 
certain size wheelchairs and mobility devices, and other service issues 
should be submitted to the Department of Transportation when it amends 
its regulations.
---------------------------------------------------------------------------

    \22\ 49 CFR 37.3 (definition of ``wheelchair'' and ``common 
wheelchair'') and 37.165 (b). This proposed rule does not use the 
term ``common wheelchair'' because the relevant technical 
requirements for lift platforms, ramps and bridgeplates, circulation 
paths, and wheelchair spaces specify the appropriate dimensions for 
those features.
    \23\ Use of ``Segways'' on Transportation Vehicles [http://www.fta.dot.gov/civilrights/ada/civil_rights_3893.html].
---------------------------------------------------------------------------

Section-by-Section Analysis

    The other proposed revisions to the 1991 guidelines for buses, 
over-the-road buses, and vans are discussed below.

[[Page 43755]]

Most of the revisions are editorial only, and the requirements are the 
same as in the 1991 guidelines. Revisions that modify current 
requirements or add new requirements are discussed under each section 
below.
    Question 21: Comments are requested on whether any of the revisions 
that modify current requirements or add new requirements would add to 
the costs of the vehicles. Comments should identify the requirement and 
section number, and provide specific information about any costs.

Chapter T1: Application and Administration

T101 General

    This section clarifies that the scoping and technical requirements 
apply to the acquisition of new, used, and remanufactured vehicles and 
the remanufacture of existing vehicles to the extent required by 
regulations issued by the Department of Transportation. As discussed at 
the beginning of the preamble, the Department of Transportation 
regulations specify which public and private entities must comply with 
the transportation provisions of the ADA, and when transportation 
vehicles acquired or remanufactured by the public or private entities 
must be accessible. As explained above, the Department of 
Transportation will conduct a separate rulemaking to amend its 
regulations so that the accessibility standards included in the 
regulations are consistent with the revisions to Access Board's 
transportation vehicle guidelines. When the Department of 
Transportation amends its regulations, the Department of Transportation 
will establish the effective date for the revised accessibility 
standards.

T102 Equivalent Facilitation

    The revisions to this section are editorial only. Transit operators 
can use alternative designs and technologies that result in 
substantially equivalent or greater accessibility or usability. The 
Department of Transportation regulations contain procedures for 
determining whether alternative designs and technologies provide 
equivalent facilitation.\24\
---------------------------------------------------------------------------

    \24\ 49 CFR 37.7(b).
---------------------------------------------------------------------------

T103 Conventions

    The revisions to T103.1 on dimensions and T103.2 on tolerances are 
editorial only. T103.3 explains that figures are provided for 
information purposes only, except for the International Symbol of 
Accessibility in Figure T703. T103.4 explains that measurements are 
stated in metric and U.S. customary units and that each system of 
measurement is to be used independently of the other. T103.5 explains 
that the length of buses, over-the-road buses, and vans is measured 
from standard bumper to standard bumper, exclusive of any additional 
protrusions.

T104 Definitions

    T104.1 adopts the definitions in the Department of Transportation 
regulations for terms that are used in the proposed rule and are 
defined in the Department of Transportation regulations. These terms 
include: Accessible, bus, fixed route system, new vehicle, over-the-
road bus, public entity, remanufactured vehicle, used vehicle, and 
wheelchair.\25\ T104.2 uses collegiate dictionaries to determine the 
meaning of terms that are not defined in the proposed rule or the 
Department of Transportation regulations. T104.3 explains that singular 
and plural words, terms, and phrases are used interchangeably. T104.4 
adds new definitions for the terms: boarding device, bridgeplate, level 
boarding bus system, operable part, and surface discontinuities.
---------------------------------------------------------------------------

    \25\ The Department of Transportation regulations define these 
terms in 49 CFR 37.3.
---------------------------------------------------------------------------

Chapter T2: Scoping Requirements

T201 General

    This introductory section states that new, used, and remanufactured 
vehicles are required to comply with the scoping requirements in 
Chapter 2 to the extent required by the Department of Transportation 
regulations.

T202 Reduction in Access Prohibited

    This section clarifies that modifications to an accessible vehicle 
must not decrease the accessibility of the vehicle below the 
requirements in effect at the time of the modification.

T203 Buses, Over-the-Road Buses, and Vans

    This section contains the scoping requirements for buses, over-the-
road buses, and vans. The scoping requirements address 14 features that 
affect the accessibility and usability of the vehicles, and reference 
the technical requirements in Chapters T3 through T8 that the features 
must comply with to be readily accessible to and usable by individuals 
with disabilities. Some scoping requirements are based on the size of 
the vehicles, or apply only to vehicles operated in fixed route systems 
or vehicles operated by public entities (i.e., State or local 
government units). The scoping requirements in T203 should be consulted 
before reading the technical requirements in Chapters T3 through T8 to 
determine what technical requirements apply to the vehicle.
    T203.1 is a general introductory subsection that plainly states the 
scoping requirements in T203 apply to buses, over-the-road buses, and 
vans. The subsequent subsections in T203 simply refer to buses, over-
the-road buses, and vans as vehicles. Buses, over-the-road buses, and 
vans are simply referred to as vehicles in the discussion of those 
subsections below.

Accessible Boarding

    The scoping requirements for accessible boarding in T203.2 are 
modified to address bus rapid transit systems in which some or all of 
the designated stops have station platforms that are coordinated with 
the vehicle floor to provide level boarding. These systems are referred 
to as level boarding bus systems in the proposed rule.
    T203.2.1 retains the current requirement in the 1991 guidelines 
that all vehicles provide lifts or ramps for accessible boarding. The 
current exception that permits over-the-road buses to provide portable 
or station-based boarding devices is removed.
    T203.2.1 clarifies that lifts and ramps must be capable of being 
deployed to all designated stops on the route to which the vehicle is 
assigned and to the roadway.
    T203.2.1.2 modifies the scoping requirements for ramps as follows:
     Ramps on vehicles more than 6.7 m (22 feet) in length must 
be permanently installed and power operated.
     Vehicles that operate in level boarding bus systems where 
all the designated stops have station platforms are permitted to 
provide on board the vehicle portable ramps that can be deployed to the 
roadway in the event that the vehicle breaks down on the roadway.
    Additional scoping requirements apply to vehicles operating in 
level boarding bus systems as follows:
     T203.2.2.1 requires the design of the vehicles to be 
coordinated with the station platforms to minimize the gap between the 
vehicle floor and the station platform.
     T203.2.2.2 requires the vehicles to provide ramps or 
bridgeplates that can be deployed to the station platforms where the 
gap between the vehicle floor and station platforms is greater than 51 
mm (2 inches) horizontally or 16 mm (\5/8\ inch) vertically when 
measured at 50 percent passenger load with the vehicle at rest. Where 
these gap dimensions are not exceeded, accessible boarding can

[[Page 43756]]

be provided at station platforms without ramps or bridgeplates. Where 
ramps or bridgeplates are provided on vehicles, T303.8.2 specifies a 
1:8 maximum ramp slope to the station platforms.
     Where ramps or bridgeplates are required to provide 
accessible boarding at station platforms, T203.2.2.2.1 requires 
vehicles with doorways on one side of the vehicle to provide ramps or 
bridgeplates in at least one doorway; and T203.2.2.2.2 requires 
vehicles with doorways on two sides of the vehicle to provide ramps or 
bridgeplates in at least one doorway on each side of the vehicle. The 
ramps or bridgeplates must be permanently installed and power operated. 
Ramps provided to comply with T203.2.1 can be used to provide 
accessible boarding at one doorway. Bridgeplates can be used to provide 
accessible boarding at additional doorways.
    The technical requirements for lifts, ramps, and bridgeplates are 
discussed under Chapter T3.

Wheelchair Spaces

    The scoping and technical requirements for wheelchair spaces are 
discussed under Proposed Changes That Received Substantial Comment.

Circulation Paths

    T 203.4.1 requires all circulation paths to comply with the 
technical requirements for surfaces. The technical requirements for 
surfaces are discussed under T802.
    T203.4.2.1 clarifies that circulation paths must connect each 
wheelchair space to a doorway with a boarding device that can be 
deployed to the roadway. Where a portable ramp is permitted on vehicles 
operating in level boarding bus systems, a circulation path must 
connect each wheelchair space to a doorway where a portable ramp can be 
deployed to the roadway.
    Additional scoping requirements apply to vehicles operating in 
level boarding bus systems. T403.4.2.2 requires a circulation path to 
connect each wheelchair space to a doorway that provides accessible 
boarding at station platforms. Where doorways are provided on two sides 
of the vehicle, a circulation path must connect each wheelchair space 
to a doorway on each side of the vehicle that provides accessible 
boarding at station platforms.
    The technical requirements for circulation paths that connect 
wheelchair spaces to doorways are discussed under Proposed Changes That 
Received Substantial Comment.

Doorways

    T203.5.1 through T203.5.3 require doorways with lifts or ramps, 
doorways with level-entry boarding, and doorways with steps on over-
the-road buses to comply with the applicable technical requirements in 
T503, which are discussed under that section. T203.5.4 requires 
doorways that provide accessible boarding to be identified on the 
exterior of the vehicle by the International Symbol of Accessibility, 
unless all the doorways provide accessible boarding. Where lighting is 
provided at doorways, T203.5.5 requires the lighting to comply with the 
technical requirements for lighting in T803, which are discussed under 
that section.

Steps

    T203.6 requires steps on vehicles to comply with the technical 
requirements in T504, which are discussed under that section.

Handrails, Stanchions, and Handholds

    The revisions to the scoping requirements for handrails, 
stanchions, and handholds at passenger doorways, at fare collection 
devices where provided, and along circulation paths in T203.7.1 are 
editorial only. Transit operators and vehicle manufacturers commenting 
on the drafts of the proposed rule noted it is not practical to provide 
stanchions or handholds on high-back reclining seats that are typically 
provided on over-the-road buses. T203.7.2 clarifies the location of 
handrails, stanchions, and handholds at forward and rear-facing seats 
on large vehicles that are more than that are more than 6.7 m (22 feet) 
in length. Handholds or stanchions must be provided on the back of low-
back non-reclining seats, and handrails must be provided overhead or on 
overhead luggage racks at high-back reclining seats. The technical 
requirements for handrails, stanchions, and handholds are discussed 
under T505.

Wheelchair Securement Systems

    The scoping and technical requirements for wheelchair securement 
systems are discussed under Proposed Changes That Received Substantial 
Comment.

Seat Belts and Shoulder Belts

    The revisions to the scoping requirements for seat belts and 
shoulder belts in T203.9 are editorial only.

Seats

    T203.10.1 clarifies the scoping requirements for the number and 
location of priority seats for passengers with disabilities on vehicles 
operated in fixed route systems. At least two seats must be designated 
as priority seats for passengers with disabilities. The seats must be 
located as near as practicable to a doorway that is used for both 
boarding and alighting. Where aisle facing and forward facing seats are 
provided, one of the priority seats must be an aisle facing seat and 
one of the priority seats must be a forward facing seat. The revisions 
to the scoping requirements for priority seat signs in T203.10.2 are 
editorial only. The signs must inform other passengers to make the 
seats available to passengers with disabilities.
    T203.10.3 modifies the scoping requirements for folding or 
removable armrests on the aisle side of seats on over-the-road buses. 
The 1991 guidelines require at least 50 percent of aisle seats, 
including all moveable or removable seats at wheelchair spaces, to 
provide folding or removable armrests to permit easy access to the 
seats by passengers with disabilities.\26\ T203.10.3 requires all 
moveable or removable aisle seats at wheelchair spaces and at least 25 
percent of all other aisle seats to provide folding or removable 
armrests.
---------------------------------------------------------------------------

    \26\ 36 CFR 1192.161.
---------------------------------------------------------------------------

Destination and Route Signs

    The revisions to the scoping requirements for destination and route 
signs in T203.11 are editorial only. Where destination and route signs 
are provided on the exterior of a vehicle, the signs must be provided 
on the front and boarding side of the vehicle, and must be illuminated. 
The technical requirements for characters on the signs are discussed 
under T702.

Public Address Systems

    The revisions to the scoping requirements for public address 
systems in T203.12 are editorial only. Vehicles more than 6.7 m (22 
feet) in length that operate in fixed route systems and stop at 
multiple designated stops must provide a public address system to 
announce stops and provide other passenger information within the 
vehicle.

Automated Stop and Route Announcements

    The scoping and technical requirements for automated stop and route 
announcements are discussed under Proposed Changes That Received 
Substantial Comment.

Stop Request Systems

    The revisions to the scoping requirements for stop request systems 
in T203.14 are editorial only. Vehicles

[[Page 43757]]

more than 6.7 m (22 feet) in length that operate in fixed route systems 
and stop at multiple designated stops on passenger request must provide 
a stop request system. The technical requirements for stop request 
systems are discussed under T705.

Fare Collection Devices

    T203.15 requires fare collection devices on vehicles to comply with 
the technical requirements in T806, which are discussed under that 
section.

Chapter T3: Boarding Devices

T301 General

    This section states that the technical requirements for boarding 
devices in Chapter T3 apply where required by the scoping requirements 
in Chapter T2.

T302 Lifts

    This section contains the technical requirements for lifts. 
Advisory information is added after T302.1 regarding the Federal Motor 
Vehicle Safety Standards (FMVSS) for motor vehicle lifts issued by the 
National Highway Traffic Safety Administration. The FMVSS are generally 
consistent with T302. Some of the requirements in T302 are more 
stringent than the FMVSS, including openings in lift platform surfaces 
in T302.5.1 and T802.3, and transitions at the boarding edges of 
threshold ramps on lift platforms in T302.5.5 and T802.5. T302 also 
contains some requirements that are not addressed in the FMVSS, 
including door releases for manual operation of lifts in T302.4, 
boarding direction in T302.5.9, and use by standees in T302.5.10.
    T302.2 specifies a 273 kg (600 pounds) minimum design load for 
lifts. The drafts of the proposed rule considered increasing the design 
load to 300 kg (660 pounds). Comments from transit operators and 
vehicle manufacturers recommended that changes to the design load be 
coordinated with the FMVSS. The FMVSS requires a series of tests for 
lifts using a standard load of 273 kg (600 pounds). Based on the 
comments, the design load is not changed.
    The following technical requirements in T302 are modified:
     T302.4 requires doors that must be opened to manually 
operate the lift if the power fails to have interior and exterior 
manual releases. Exterior releases can have locks to secure the vehicle 
when unattended. The other requirements in T302.4 for manual operation 
of lifts in the event of power failure are the same as in the 1991 
guidelines.
     T302.5.2 increases the height for measuring the clear 
width and length above the lift platform surface from 766 mm (30 
inches) to 1015 mm (40 inches) minimum to accommodate the controls on 
power wheelchairs. T 302.5.2 also clarifies that the clear length 
measured at the platform surface is 1015 mm (40 inches) minimum. The 
other dimensions in T302.5.2 for the lift platform surface are the same 
as in the 1991 guidelines.
     T302.5.4 revises the specification for gaps between the 
lift platform surface and the vehicle floor to be consistent with the 
specifications for openings in T302.5.3. Gaps and openings must not 
allow the passage of a sphere more than 16 mm (\5/8\ inch) in diameter.
     T302.5.5 requires transitions at threshold ramps on the 
boarding edge of lift platforms to comply with T802.5. T802.5 limits 
surface discontinuities to 6.4 mm (\1/4\ inch) high maximum without 
edge treatment and 13 mm (\1/2\ inch) high maximum with beveled edge 
treatment. The bevel must have a slope not steeper than 1:2 (50 
percent) applied across the entire surface discontinuity. The other 
requirements in T302.5.5 for the slope of threshold ramps on the 
boarding edge of lift platforms are the same as in the 1991 guidelines.
     T302.5.6 revises the requirement for visual contrast on 
the sides of lift platform surfaces to be consistent with the FMVSS. 
The perimeter of lift platform surfaces must have a 25 mm (1 inch) 
minimum outline that contrasts visually with the rest of the platform 
surface.
     T302.5.7 eliminates the load test for lift platform 
deflection. The FMVSS specifies a load test for lift platform 
deflection. The other requirements in T302.5.7 for lift platform 
deflection are the same as in the 1991 guidelines.
    The revisions to the other technical requirements in T302 are 
editorial only. Those technical requirements are the same as in the 
1991 guidelines and are summarized below:
     T302.3.1 requires interlocks to prevent the vehicle from 
moving when the lift is not stowed and the lift controls from operating 
unless the interlocks are engaged.
     T302.3.2 requires lift controls to be of a momentary 
contact type; permit the operator to change the operation sequence; and 
prevent the lift platform from folding, retracting, or stowing when 
occupied, unless the platform is designed to be occupied when stowed in 
the passenger area of the vehicle.
     T302.5.1 requires lift platform surfaces to comply with 
the technical requirements for surfaces in T802.
     T302.5.3 requires edge barriers on the sides of lift 
platforms to prevent the wheels of wheelchairs from rolling off the 
platforms.
     T302.5.8.1 specifies the movement rate for lifts under 
normal operating conditions.
     T302.5.8.2 specifies the movement rate for lifts in the 
event of a power failure or single failure of a load carrying 
component.
     T302.5.9 requires lift platforms to permit passengers who 
use wheelchairs to board the platforms facing either toward or away 
from the vehicle.
     T302.5.10 requires lift platforms to be usable by 
passengers who use mobility aids or have difficulty using steps.
     T302.5.11 requires lift platform to have handrails on two 
sides of the platform that move in tandem with the platform to provide 
support for passengers in a standing position.

T303 Ramps and Bridgeplates

    This section contains the technical requirements for ramps and 
bridgeplates. The technical requirements for ramp slope in T303.8 are 
discussed under Proposed Changes That Received Substantial Comment.
    The following technical requirements in T303 are also modified:
     T303.4 requires power operated ramps and bridgeplates to 
be operated manually if the power fails.
     T303.5 requires ramp and bridgeplate surfaces to comply 
with the technical requirements in T802 for surfaces. T802.3 requires 
that openings in surfaces not allow the passage of a sphere more than 
16 mm (\5/8\ inch) in diameter, and that elongated openings be placed 
so that the long dimension is perpendicular to the dominant direction 
of travel. Cut-outs are permitted in ramps and bridgeplates that are 
deployed manually for the operator to grasp the surface. The other 
requirements in T802 for slip resistant surfaces and protrusions on 
surfaces are the same as in the 1991 guidelines.
     T303.7 clarifies that edge barriers are required where the 
edges of ramps and bridgeplates are more than 75 mm (3 inches) above 
the boarding or alighting area.
     T303.9 requires transitions at the boarding edge of ramps 
and bridgeplates to comply with T802.5. T802.5 limits surface 
discontinuities to 6.4 mm (\1/4\ inch) high maximum without edge 
treatment and 13 mm (\1/2\ inch) high maximum with beveled edge 
treatment. The bevel must have a slope not steeper than 1:2 (50 
percent) applied across the entire surface discontinuity.

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     T303.10 revises the requirement for visual contrast on the 
sides of ramp and bridgeplate surfaces. The perimeter of ramp and 
bridgeplate surfaces must have a 25 mm (1 inch) minimum outline that 
contrasts visually with the rest of the ramp and bridgeplate surface.
    The revisions to the other technical requirements in T303 are 
editorial only. Those technical requirements are the same as in the 
1991 guidelines and are summarized below:
     T303.1 permits ramps and bridgeplates to fold or telescope 
if all the requirements in T303 are met.
     T303.2 specifies the minimum design load for ramps and 
bridgeplates. The drafts of the proposed rule considered increasing the 
design load for ramps and bridgeplates to correspond with an increase 
in the design load for lifts. As discussed under T302, the design load 
for lifts is not changed and no corresponding change is made to the 
design load for ramps and bridgeplates. The design load for ramps and 
bridgeplates that are 760 mm (30 inches) or more in length is 273 kg 
(600 pounds). The design load for ramps and bridgeplates that are less 
than 760 mm (30 inches) in length is 136 kg (300 pounds).
     T303.3 requires ramps and bridgeplates to be firmly 
attached to the vehicle when in use.
     T303.6 specifies the minimum clear width for ramps and 
bridgeplates.
     T303.11 specifies the gap permitted between the ramp or 
bridgeplate surface and the vehicle floor when the ramp or bridgeplate 
is deployed.
     T303.12 requires portable ramps and bridgeplates to be 
stowed safely when not in use and not to interfere with the maneuvering 
of wheelchairs.

Chapter T4: Wheelchair Spaces and Securement Systems

    The technical requirements for wheelchair spaces in T402, and 
wheelchair securement systems in T403 are discussed under Proposed 
Changes That Received Substantial Comment. The revisions to the 
technical requirements for seat belts and shoulder belts in T404 are 
editorial only.

Chapter T5: Circulation Paths and Doorways on Buses, Over-the-Road 
Buses, and Vans

T501 General

    This section states that the technical requirements for circulation 
paths on buses, over-the-road buses, and vans in Chapter T3 apply where 
required by the scoping requirements in Chapter T2.

T502 Circulation Paths

    The technical requirements in T502 for circulation paths that 
connect wheelchair spaces to doorways that provide accessible boarding 
are discussed under Proposed Changes That Received Substantial Comment.

T503 Doorways

    T503.1 specifies the minimum vertical clearance at doorways with 
lifts or ramps. The revisions to this section are editorial only, and 
the technical requirements are the same as in the 1991 guidelines: 1420 
mm (56 inches) on vehicles 6.7 m (22 feet) or less in length; 1650 mm 
(65 inches) on over-the-road buses; and 1725 mm (68 inches) on other 
vehicles more than 6.7 m (22 feet) in length. A minimum clear opening 
is not specified for doorways with lifts or ramps since a minimum clear 
width of 760 mm (30 inches) is specified for lift platforms in T302.5.2 
and for ramps in T303.6.
    T503.2 adds new technical requirements for doorways with level 
entry boarding.
    T503.2.1 specifies the minimum clear opening at the doorways: 810 
mm (32 inches).
    T503.2.2 requires thresholds at the doorways to be marked by a 
contrasting strip 25 mm (1 inch) wide minimum.
    T503.3 specifies the minimum clear opening at doorways with steps 
on over-the-road buses. The revisions to this section are editorial 
only, and the technical requirements are the same as in the 1991 
guidelines: 760 mm (30 inches) from the lowest step tread to a height 
1220 mm (48 inches) above the lowest step tread. Where compliance is 
not structurally feasible, the clear opening is permitted to be 685 mm 
(27 inches). The clear opening is permitted to taper to 457 (18 inches) 
from a height 1220 mm (48 inches) above the lowest step tread to the 
top of the doorway. Hinges and other door mechanisms are permitted to 
protrude 100 m (4 inches) maximum into the clear opening.

T504 Steps

    T504.2 requires step tread surfaces to comply with the technical 
requirements for surfaces in T802, which are further discussed under 
that section. T504.3 clarifies the current requirement for contrasting 
strips at step tread edges by specifying the minimum width of the 
strips: 25 mm (1 inch).

T505 Handrails, Stanchions, and Handholds

    The revisions to the technical requirements for handrails, 
stanchions, and handholds in T505 are editorial only, and the 
requirements are the same as in the 1991 guidelines. T505.2 specifies 
that handrails and stanchions at doorways be configured so that 
passengers with disabilities can grasp them from outside the vehicle 
and use them throughout the boarding and alighting process. T505.3 
specifies that handrails at fare collection devices be configured so 
that passengers with disabilities can use them for support when using 
the fare collection device. T505.4 specifies that handrails and 
stanchions along circulation paths be configured so that passengers 
with disabilities can use them when moving through the vehicle. T505.5 
specifies that handholds and stanchions on the backs of forward and 
rear facing seats be located directly adjacent to the aisle so that 
passengers with disabilities can use them when moving from the aisles 
to the seats.

Chapter T6: Circulation Paths and Doorways on Rail Vehicles [Reserved]

    The technical requirements for circulation paths and doorways on 
rail vehicles will be included in Chapter T6 when the guidelines for 
rail vehicles are revised.

Chapter T7: Communication Features

T701 General

    This section states that the technical requirements for 
communication features in Chapter T7 apply where required by the 
scoping requirements in Chapter T2.

T702 Signs

    T702 revises the technical requirements for characters on signs to 
be consistent with the accessibility guidelines for buildings and 
facilities. The technical requirements address character proportions, 
character height, stroke thickness, character spacing, line spacing, 
and contrast.

T703 International Symbol of Accessibility

    T703 adds new technical requirements for the International Symbol 
of Accessibility, and specifies that the symbol have a background field 
of at least 100 mm (4 inches) and a non-glare finish, and contrast with 
its background.

T704 Automated Stop and Route Announcements

    The technical requirements for automated stop and route 
announcements in T704 are discussed under Proposed Changes That 
Received Substantial Comment.

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T705 Stop Request Systems

    T705.1 clarifies the technical requirements for audible and visible 
indicators for stop request systems. Audible stop indicators can be 
verbal or non-verbal signals. Visible stop indicators can be a light or 
sign. T705.2 clarifies the location of operable parts for stop request 
systems at wheelchair spaces, and specifies that the operable parts be 
located on a side wall or partition 610 mm (24 inches) minimum and 915 
mm (36 inches) maximum from the back of the wheelchair space.

Chapter T8: Other Features

T801 General

    This section states that the technical requirements for other 
features in Chapter T8 apply where required by the scoping requirements 
in Chapter T2 or where referenced in another technical requirement.

T802 Surfaces

    T802 contains the technical requirements for surfaces. These 
requirements are referenced in: T203.4.1 for all circulation paths; 
T302.5.1 for lift platforms; T303.5 for ramps and bridgeplates; T402.2 
for wheelchair spaces; and T504.2 for step treads.
    T802.2 requires surfaces to be slip resistant. The 1991 guidelines 
contain the same requirement.
    T802.3 specifies that openings in surfaces not allow the passage of 
a sphere more than 16 mm ([frac58] inch) in diameter, and that 
elongated openings be placed so that the long dimension is 
perpendicular to the direction of travel. Cut-outs are permitted in 
lift platforms that are folded and stowed manually and in ramps and 
bridgeplates that are deployed manually for the operator to grasp the 
surface. The 1991 guidelines contain similar requirements for lift 
platforms.
    T802.4 permits protrusions on surfaces to be 6.4 mm ([frac14] inch) 
high maximum. The 1991 guidelines contain the same requirement for lift 
platforms and ramps.
    T802.5 addresses differences in levels between two adjacent 
surfaces, which are referred to as surface discontinuities. Surface 
discontinuities can be up to 6.4 mm ([frac14] inch) high without 
beveled edge treatment, and up to 13 mm ([frac12] inch) high with 
beveled edge treatment. The 1991 guidelines contain the same 
requirement for thresholds at lift platforms and ramps. T802.5 modifies 
the requirement for beveled edge treat by specifying that the bevel 
extend across the entire surface discontinuity.

T803 Doorway Lighting

    T803 addresses doorway lighting and specifies illuminance levels at 
lift platforms, ramps and bridgeplates, steps, and boarding and 
alighting areas adjacent to doorways. The illuminance levels are the 
same as specified in the 1991 guidelines except for lift platforms, 
which is modified to be consistent with the illuminance levels in the 
Federal Motor Vehicle Safety Standards for lifts on motor vehicles.

T804 Additional Requirements for Handrails, Stanchions, and Handholds

    T804 contains additional technical requirements for handrails, 
stanchions, and handholds. T804.2 simplifies the requirements for edges 
by requiring them to be rounded. T804.3 modifies the requirements for 
cross section to be consistent with the accessibility guidelines for 
buildings and facilities. The revisions to the requirements in T804.4 
on clearances and in T804.5 on structural strength of handrails on lift 
platforms are editorial only, and those requirements are the same 
requirement as in the 1991 guidelines.

T805 Operable Parts

    T805 contains technical requirements for operable parts. These 
requirements are referenced in: T706.2 for stop request systems and 
T806 for fare collection devices.
    T805.2 modifies the location height for operable parts: 610 mm (24 
inches) minimum and 1220 mm (48 inches) maximum above the floor.
    T805.3 requires operation without tight grasping, pinching, or 
twisting of the wrist and a maximum activation force of 22.5 N (5 
pounds). The 1991 guidelines contain the same requirements for stop 
request systems.

T806 Fare Collection Devices

    T806 requires fare collection devices to comply with the technical 
requirements for operable parts in T805, and the operable parts on fare 
collection devices to be located so that a wheelchair can approach 
within 255 mm (10 inches) maximum.

Regulatory Process Matters

Executive Order 12866: Regulatory Planning and Review

    This proposed rule is a significant regulatory action under 
Executive Order 12866 and has been reviewed by the Office of Management 
and Budget. The Access Board prepared a report to estimate the costs of 
requiring public transit agencies that operate 100 or more buses in 
annual maximum service in fixed route systems to provide automated stop 
and route announcements on buses that are more than 6.7 m (22 feet) in 
length and operate in fixed route systems. The report is available on 
the Access Board's Web site at: http://www.access-board.gov/transit/. 
The report is discussed under Proposed Changes That Received 
Substantial Comment. Vehicle manufacturers and transit operators are 
requested to provide information in Questions 1 through 21 on the 
feasibility and costs of the other proposed changes. The Access Board 
will consider this information along with other comments on the 
proposed rule when preparing the final rule and will prepare additional 
costs estimates based on the information provided, as appropriate.

Regulatory Flexibility Act: Initial Regulatory Flexibility Analysis

    The Access Board prepared the following initial regulatory 
flexibility analysis to describe how the proposed rule affects small 
entities.

Legal Basis, Objectives, and Reasons for Revising and Updating the 
Guidelines

    The Americans with Disabilities Act requires the Access Board to 
issue guidelines for transportation vehicles that are readily 
accessible to and usable by individuals with disabilities. The Access 
Board initially issued accessibility guidelines for transportation 
vehicles in 1991. The proposed rule revises and updates the 
accessibility guidelines for buses, over-the-road buses, and vans. The 
objectives for revising the guidelines are discussed in the preamble. 
Proposed changes that received substantial comment when drafts of the 
proposed rule were made available are discussed at the beginning of the 
preamble, including the reasons for each of the proposed changes. The 
other revisions to the guidelines are discussed after the proposed 
changes that received substantial comment. Most of these revisions are 
editorial only and restate current requirements in plain language that 
is clear and easy to understand.

Small Entities Affected

    Small public entities (i.e., State or local government units with a 
population of less than 50,000) and small private entities (i.e., small 
businesses that meet the size standards established by the Small 
Business Administration) are affected by the Access Board's guidelines 
to the extent that they are subject to the Americans with Disabilities 
Act and the Department of Transportation regulations implementing the

[[Page 43760]]

Americans with Disabilities Act. The Department of Transportation 
regulations apply to the following entities:
     Public entities that provide designated public 
transportation (i.e., general or special transportation service, 
including charter service, provided to the general public on a regular 
and continuing basis), excluding public school transportation. 49 CFR 
37.21 (a) (1) and 37.27 (a).
     Private entities that provide specified public 
transportation (i.e., general or special transportation service, 
including charter service, provided to the general public on a regular 
and continuing basis). 49 CFR 37.21 (a) (2).
     Private entities that are not primarily engaged in the 
business of transporting people but operate a demand responsive or 
fixed route system. 49 CFR 37.21 (a) (3).

Reporting and Recordkeeping Requirements, Other Compliance 
Requirements, and Significant Alternatives

    There are no reporting or recordkeeping requirements. Proposed 
changes that received substantial comment when drafts of the proposed 
rule were made available are discussed at the beginning of the 
preamble. Questions 1 through 21 request comments on the proposed 
changes, including information on the feasibility and costs on the 
proposed changes. The following questions may be of interest to small 
entities:
     Questions 1 through 6 request information on the 
feasibility and costs associated with the proposed 1:6 maximum slope 
requirement for buses and vans equipped with ramps, as well as 
alternatives.
     Questions 7, 8, and 9 requests information on the 
feasibility and costs associated with the proposed 34 inches minimum 
clear width requirement for circulation paths connecting wheelchair 
spaces to doorways that provide accessible boarding, and alternative 
performance specifications and test methods.
     Questions 11 and 12 request information on the feasibility 
and costs associated with the proposed requirements for maneuvering 
clearances at wheelchair spaces.
     Questions 13 and 14 request information on costs 
associated with proposed changes to the technical requirements for 
wheelchair securement systems on large vehicles with a gross vehicle 
weight rating 30,000 pounds or more.
     Question 17 requests information from private entities who 
contract with public transit agencies that operate 100 or more buses in 
annual maximum service in fixed route systems and acquire buses to 
operate in the fixed route systems under contract with the public 
transit agencies regarding the proposed requirement for automated stop 
and route announcements.
    Comments are also requested on alternatives to any of the new or 
modified requirements in the proposed rule. The Access Board will 
consider the comments and information on the proposed changes when 
preparing the final rule and final regulatory flexibility analysis, and 
will prepare additional cost estimates, as appropriate.

Other Applicable Federal Rules

    The Americans with Disabilities Act requires the Department of 
Transportation to issue regulations to implement the transportation 
provisions of the statute. The Department of Transportation regulations 
include accessibility standards for transportation vehicles that are 
consistent with the Access Board's transportation vehicle guidelines. 
The Department of Transportation's regulations are legally enforceable. 
The Department of Transportation will conduct a separate rulemaking to 
amend its regulations so that the accessibility standards included in 
the regulations are consistent with the revisions to Access Board's 
transportation vehicle guidelines. When the Department of 
Transportation amends its regulations, the Department of Transportation 
will establish the effective date for the revised accessibility 
standards.

Executive Order 13132: Federalism

    The proposed rule adheres to the fundamental federalism principles 
and policy making criteria in Executive Order 13132. The proposed rule 
revises and updates guidelines issued under the Americans with 
Disabilities Act, civil rights legislation that was enacted by Congress 
pursuant to its authority to enforce the Fourteenth Amendment to the 
U.S. Constitution and to regulate commerce. The Americans with 
Disabilities Act was enacted ``to provide a clear and comprehensive 
national mandate for the elimination of discrimination against 
individuals with disabilities'' and ``to ensure that the Federal 
government plays a central role in enforcing the standards established 
in this chapter on behalf of individuals with disabilities. 42 U.S.C. 
12101 (b) (1) and (3). The Americans with Disabilities Act recognizes 
the authority of State and local governments to enact and enforce laws 
that ``provide for greater or equal protection for the rights of 
individuals with disabilities than are afforded by this chapter.'' 42 
U.S.C. 12201 (b). The Access Board made drafts of the proposed rule 
available for public review and comment. State and local governments, 
including public transit agencies, provided comments on the proposed 
changes. As discussed in the preamble, the comments were considered and 
changes were made to the proposed rule based on the comments.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act does not apply to proposed or 
final rules that enforce constitutional rights of individuals or 
enforce statutory rights that prohibit discrimination on the basis of 
race, color, sex, national origin, age, handicap, or disability. Since 
the proposed rule is issued under the Americans with Disabilities Act, 
which prohibits discrimination on the basis of disability, an 
assessment of the rule's effect on State, local, and tribal 
governments, and the private sector is not required by the Unfunded 
Mandates Reform Act.

List of Subjects in 36 CFR Part 1192

    Civil rights, Individuals with disabilities, Transportation.

David M. Capozzi,
Executive Director.

    For the reasons stated in the preamble, the Access Board proposes 
to amend 36 CFR part 1192 as follows:

PART 1192--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY 
GUIDELINES FOR TRANSPORTATION VEHICLES

    1. The authority citation for 36 CFR part 1192 continues to read as 
follows:

    Authority:  42 U.S.C. 12204.

    2. Amend part 1192 by revising subpart B to read as follows:

Subpart B--Buses, Over-the-Road Buses, and Vans

Sec.  1192.21  Accessibility guidelines.

    The accessibility guidelines for buses, over-the-road buses, and 
vans are set forth in the Appendix to this part. The guidelines apply 
to the acquisition of new, used, and remanufactured transportation 
vehicles, and the remanufacture of existing transportation vehicles to 
the extent required by regulations issued by the Department of 
Transportation pursuant to the Americans with Disabilities Act at 49 
CFR part 37.

[[Page 43761]]

Subpart G--[Removed]

    3. Amend part 1192 by removing subpart G.

Subpart F--[Redesignated as Subpart G]

    4. Amend part 1192 by redesignating subpart F as subpart G.
    5. Revise the appendix to part 1192 to read as follows:

Appendix to Part 1192--Americans With Disabilities Act (ADA) 
Accessibility Guidelines for Transportation Vehicles

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[FR Doc. 2010-18255 Filed 7-23-10; 8:45 am]
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